Legal Opinion

United States Trustee for the Western District of New York v. Gross, Shuman, Brizdle & Gilfillan, P.C. (In re Platinum Management Corp.)

District Court, W.D. New York

Decided October 28, 1998No. 98-CV-0131E F; Bankruptcy No. 95-13661KPublished

1Opinion of the Court

MEMORANDUM and ORDER

ELFVIN, Senior District Judge.

The matter currently before this Court is an appeal from the Bankruptcy Court order retroactively approving the appointment of the Appellee law firm. In that same order, the Bankruptcy Court awarded attorneys’ fees to the law firm. For the reasons delineated below, the Bankruptcy Court’s order is reversed in part, vacated in part and remanded.

This appeal was properly brought pursuant to 28 U.S.C. § 158(a). Although the Court,of Appeals for the Second Circuit has not dealt with the standard-of-review question in this particular context, other…

2Cases cited21 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  3. Bank of Marin v. EnglandSupreme Court of the United States · 1966
  4. In the Matter of Triangle Chemicals, Inc., Debtor. Darryl Fanelli v. Nelson T. Hensley, TrusteeCourt of Appeals for the Fifth Circuit · 1983
  5. In Re Eureka Upholstering Co.Court of Appeals for the Second Circuit · 1931

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